Grounds for Divorce

To get a divorce you must show that your marriage 'has broken down irretrievably' for one of the following 5 reasons:

• Your partner’s adultery. You cannot rely on this ground for divorce if you have lived together for more than 6 months after discovering the latest act of adultery – please note that this 6 month period can be made up of shorter periods of co-habitation totalling 6 months.
• Your partner’s unreasonable behaviour.
• You have not seen your partner for 2 years or more.
• You have been separated from your partner for at least 2 years and they agree to the divorce. Separation does not necessarily mean that husband and wife must live in separate houses. It is possible to live in the same house and enjoy completely separate lives although the Court will look carefully at this.
• You have been separated from your partner for at least 5 years.

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Divorce Procedure

You cannot get a divorce until you have been married a year. The person applying for the divorce is known as the ‘Petitioner’ and the person they divorce the ‘Respondent’.

• Our Matrimonial Solicitors recommend divorce is dealt with in as friendly a fashion as possible. Therefore, depending on your wishes, we often suggest starting the divorce procedure by writing to your spouse telling them you are planning a divorce. Often we agree grounds for divorce at this stage which helps taking the heat out of the situation. In getting legal advice make sure you contact a specialist divorce Solicitor.
• The first document to complete is the Divorce ‘Petition’ which needs sending to the Divorce County Court. The Divorce Petition contains basic details of you, your spouse, your marriage, any children and the grounds on which the divorce is based. It is accompanied by the original Marriage Certificate and a Court Fee (currently £300 but which may be free if you are on a low income) and if there are children under the age of 18, a separate form setting out proposed arrangements for your children.
• The County Court sends the Divorce  Petition to your spouse who should complete and return a form sent by the Court indicating whether or not they intend to consent to the divorce. Contested divorces are very rare these days.
• Our divorce Solicitors will then prepare a sworn Statement in support of your Divorce Petition and apply for what is known as Decree Nisi. To make the Decree Nisi (in effect a provisional divorce) the Court must be satisfied that you are entitled to a divorce. At this stage the Court will also consider arrangements for your children to ensure  there are proper plans for who the children will live with, where they are educated and contact arrangements with thenon resident  parent. At Decree Nisi stage the Court will also decide who should pay the costs of the divorce if you and your partner have not agreed who should pay.
• 6 weeks and a day after Decree Nisi you can apply for the Decree to be made Absolute which legally ends the marriage. Often, however, our divorce solicitors will advise that it is better to wait until all financial matters have been settled before applying for Decree Absolute. The court fee for Decree Absolute is £40.
• Unless, in exceptional cases, the divorce is contested or the Court is unhappy about any information they receive, there should be no reason for you to attend Court at any stage.
• Although every case varies and often the Decree Absolute is delayed to allow financial matters to be resolved, a  straightforward divorce takes on average between 4 and 5 months from beginning to Decree Absolute.
• Your Will our matrimonial solicitors strongly recommend that you amend your Will once your divorce is finalized. After Decree Absolute any arrangement in your Will for your former spouse to receive property or to be appointed by your Will as Executor is invalid. So you may  wish to ensure you know who will receive your property if you  die and to ensure you make proper provision for your family. Your divorce solicitor can pass your details to our experienced Wills Solicitors. 

Contact our Divorce Solicitors

For legal advice, contact the expert Matrimonial Solicitors in our Salisbury, Andover, Verwood,  or Amesbury offices today.